Falsely Accused of Child Molestation

False allegations of child molestation are different from most other criminal allegations due to their sexual context, which makes them emotionally charged and highly sensitive.  A mere touch of a child can form the basis for a molestation charge in most jurisdictions, and they rarely have any medical evidence to support them.  False allegations of child molestation may turn out to be untrue.  However, they can quickly and easily result in a conviction and lengthy criminal trial.  Consequently, the trial becomes a battle between the words of a sympathetic young child versus those of a less sympathetic adult.

Steps to Take When Falsely Accused

A person who is being investigated for a crime he or she did not commit can benefit from hiring an attorney as soon as possible, even before charges are brought.  Your most important protection is your right to hold the government to the burden of proving its case without any voluntary statement from you.  If child abuse investigators are contacting you, they have already concluded there is some basis for the accusations.  There are several important things you should never do when falsely accused:

1. Do not invite law enforcement or social services into your home without a warrant.
2. Never speak to anyone about your case without first consulting with an attorney.
3. Do not contact the alleged victim, their family or any prosecution witnesses.
4. Do not turn to drugs of alcohol during this stressful time.

The things that you should do are:

• Find a criminal defense attorney who is experienced in child molestation cases.
• Hire a private investigator to conduct an independent investigation on your behalf.
• Keep a daily journal and document what you do, where you go and the people you interact with.
• You may want to reconstruct everything you were doing at the time of the allegation.
• If your accuser is a child that resides in your house, go through their room and look for any evidence that may help your case.
• Document each and every time you speak with representatives from social services
• Educate yourself about how the system works and what is required of social workers.  This can help to put them on the defensive when they are forced to do their job properly.

Defenses That Can be Made

False allegations of child molestation can occur when a family member is engaged in a child custody or divorce proceeding.  Child molestation cases are often prosecuted with little to no physical evidence.  It may be based upon a child saying something happened, which may have been planted by a parent.  Your attorney may be able to provide a defense as to why false allegations are being made.  These might include:

• Your spouse makes an allegation in order to obtain the upper hand in a custody battle
• Teenage children may allege abuse in order to get the disciplinarian father out of the house
• Children may seek attention by making false allegations
• A foster child may allege abuse in order to be place in another home

Evidence, Witnesses and Lawsuit Procedures

After learning the facts of your case by investigation and discovery, your attorney may be able to determine if the prosecution is planning to use an expert witness against you.  The experts most commonly used are:

• Mental health experts
• Forensic lab personnel
• Medical experts

You have the legal right to gather witnesses in your own defense.  Contact any friends, witnesses, relatives, neighbors and co-workers who can corroborate your innocence and provide testimony on your behalf.

Once you have been cleared of any wrongdoing, you may be able to file a civil lawsuit against those who violated your rights, falsely accused you and damaged your reputation.  In some states, social workers can be sued for a violation of civil rights

The Importance of Hiring a Lawyer

If you have been falsely accused of child molestation, you should hire an experienced criminal defense attorney to work on your behalf.  You need an aggressive legal advocate who can investigate allegations, challenge evidence and ultimately prove that you are innocent.  When individuals are represented by a skilled defense attorney, they are more likely to avoid conviction.